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A real violation toward governmental decision

The documentation of humanitarian aid continues to violate vulnerable people privacy in Gaza.

The documentation of humanitarian aid continues to violate vulnerable people privacy in Gaza.

"Smile to the camera… smile more please " it is the most common sentence between Charitable Societies and institutions in Gaza nowadays, in order to document relief Projects by forcing poor and vulnerable people to take photos of them while receiving aid.

In some cases, people in need have to act as actors on camera. Institutions may force them to fake happiness, the cliché scenario of underprivileged families suffering from the Israeli-imposed blockade in Gaza for about fourteen years. In light of the economic woes, poverty rates which have recently exceeded 70 per cent.

not straightforward

The dignity violation regarding needy people continues to be violated as long as there is no explicit legal text criminalize this action. However, the Palestinian basic law states specifically in the first item of Article 10: Human rights and fundamental freedoms must be respected. The Palestinian National Authority shall join without delay to the regional and international declarations that protect human rights.

According to Article (32) affirms: all kinds of violations that overreach individual liberties or denial of human rights and liberty including the freedom of press are guaranteed by the Basic Law. In addition, individuals who suffer from such violation shall be entitled to a fair remedy, guaranteed by the Palestinian National Authority.

Based on a governmental decision in 2019 issued by the ministry of Internal Affairs in Gaza, in order to prohibit filming people while receiving the humanitarian aid. In accordance with the decision, the Ministry of Social Development in Gaza affirms that all local institutions must recognize and respect their rights and protection during image making, alongside of prohibit filming beneficiaries when distributing aid with a permission to film the preparation and filming process.

However, charitable associations continue the violation of human dignity in Gaza, as the investigation team by collecting a number of photos posted by associations on social media platforms to needy people, showing them while receiving humanitarian aid clearly.

(A.R) is a woman who provides for six people in light of her husband's disability, who was paralyzed and unable to work. She lives in a house that lacks the most basic necessities of life. Her harsh living situation forced her to seek aid from charities. She finally received some assistance, but she faced a great obstacle which is the association's attempt to convince her to take pictures while receiving the assistance in order to thank the donor and document the institution's achievement. Although they said the picture will not be published, unfortunately the did and later her neighbor stated to bully her. "This picture has shattered my heart completely".  

 

 

16000 inhabitants

In the Gaza Strip which has a population of nearly 2 million people, half of the population are dependent on humanitarian aid which provided by international relief organizations and local charitable institutions.

According to the statistics by the central statistical bureau pointed out that the number of charitable institutions in Gaza have reached 1600 institutions with nearly more than 140 foreign institutions distributed over the Gaza strip.  

Among the identifiers of humanitarian assistance distribution in the anti-corruption manual released by the Aman Coalition for integrity and accountability is to focus on the outer appearance about their place of residence or their good looks and to avoid using words and expressions that may underestimate people's dignity or threaten them while receiving the aid.

As the psychologist Dr. Ismael abo Rokab says about the reason behind documenting charities to people's vulnerability is that it will lead them to "The Psychology of Begging" which may result in long-lasting, negative effects.

Filming needy people in that way will create negative effects toward who abused their dignity and humanity, including the psychological harm rates increase in the families who went from high-income to low-income economic level.

The saddest thing about /Worst of all, posting photos for needy people on social media may results in depression and stress mainly when neighbors and surrounding people see these photos and use it to against them by bullying them, since it makes them feel they're in lower-class than others which is leading to be isolated from the surrounding world as, abu Rakab added. In addition, the main reason behind documenting and publishing the aid should be to enable poor people without damage their reputation or use these photos against them.

Hanan(pseudonym) a lady lives in an apartment similar to a cement box where sun can barely sneak into it. With media documentation she explained " besides our vulnerability and predicament, they want to damage our reputation".

she doesn't trust the association’s work anymore. she adds: “one of these association bargained me either to take photos or to deprive them from assistance. Definitely, I refused to photograph despite my need. This is after she asked an association to take a group picture of her family in order to renovate their home, but she was surprised that the photo of her eleven female members and her husband who has a liver cancer is spread.

Lack of monitoring

It seems clear that the government's decision to ban taking photos is poorley supervised, even though the Ministry of Social Development in Gaza Strip is trying hard to implement it.

The general Commissioner of the Ministry of Development (Loay Almadhoon) stated the importance of this decision, they accordingly exploring ways to apply it widely in the midst of legal accountability to any association violates people's dignity which is defended by the Palestinian low and international covenants. 

He affirms that some charities have exceeded the laws due to bad documentation, it was not intended to show their bad economic situation or disrespect. 

Furthermore, they didn't receive any complains through institutions or as individual regarding it. Even though, they're adopting a complete complaint management related to associations pointing out that there's a series of sanctions which is taken against offenders. Firstly, by warning the violating associations and if they didn't respond or decline, there partnership will be broken with the ministry rather than the technical and administrative procedures that will be taken against them.    

He indicates that the ministry has a considerable need to code of conduct in order to control associations work, mainly that not all associations considered as a part of it.   

The investigation indicates that local charities have lack of funding which doesn't fit their increased requirements in Gaza strip. It was the organizations' justification to find funding through taking photos of their needs. However, this justification may not be accepted.

                                               Helping needy people

The manager of future-deaf association, Adham eid explained in the interview that preserving human dignity is a necessity and not up for discussion. Moreover, they're working hard aiming at providing help for needy people as possible. Despite all the challenges they faced at aid distribution.

On the twentieth of last July, publishing photos by the organization show beneficiaries' features clearly as a result, they have accepted taking photos.   

On the other hand, Nimr Al-Shanshir, representative of the Al-Salama Charitable Society in the southern Gaza Strip. The association is specialized in people with disabilities, stressed their commitment to the decision in order to prohibit filming. The Ministries of Interior and Development, indicating at the same time that they must document as an administrative procedure for donors in order to prove project implementation.

The shinsher said: "the Circulated images of those in need with their written permissions, and were published after their approval to highlight their need," he says, adding that his association suffers from a lack of funding for surgeries and medical supplies for the above groups. "Sometimes images of those in need are published to show them certain skills in order to motivate them".

Despite the psychological impact of this violation, the Deputy Director General of the Independent Commission for Human Rights in the Gaza Strip, Jamil Sarhan, informs that there is no clear penalty in the law that criminalizes any act that would degrade the dignity of the needy. Moreover, he declares that the portrayal of the needy by associations is a clear violation of their privacy and an attack on their personal freedoms.

Sarhan added that the decision of preventing portrayal that issued by the Ministry of Interior has become binding on all associations, while its violation is regarded against legitimate orders. He confirmed that the terrible economic situation forced the needy to seek humanitarian aid. "This does not aim to give the Palestinian people the color of beggary, but rather as a result of harsh circumstances that forced three quarters of the Palestinian people to knock on the doors of charities," he said.

The website of the General of Public Affairs and Non-Governmental Organizations at the Ministry of Interior and National Security has published a clarification about portraying and publishing the beneficiaries which is stated that the photos of beneficiaries from charities and civil organizations should not be published in a way that indicates their personalities and identifies themselves, and that aid should not be linked to the condition of photographing.

Akram Abu Assi, Director of the Audit and Oversight Department at the Ministry of Interior in Gaza, explains that the decision to prevent taking photos of the needy is their full desire since they are the largest segment of society. Therefore, this is a major indicator of the decline in the economic level which contributed to the spread of relief associations which number more than 980.

Abu Assi indicates that prohibit filming cannot be generalized. There are reasons that require publishing photos which lead to gain funding for the institution aiming at helping needy people.

When we asked him about the associations that violated the decision and published photos of beneficiaries, Abu Assi replied:" A number of associations have violated the decision. There is no harm about publishing happy moments to people with needs while receiving help".  

There's no law can criminalize filming them as it's a legal procedure against offenders by judicial Council and Public Prosecutor's Office. Its intensity varies according to the violation, committed by the charity over complaint against violation orders.       

In light of their monitoring, they have received complaints from inhabitant as a result of publishing their photos while receiving aid, it's an individual action in order to show Sympathy by a person working in the media field Without institutional protection.  

He claims, the necessity to have a collaboration with the Ministry of the Interior, he mentioned the important role of the Ministry of media to reduce the prevalence of photos of needy people that detriment their dignity aiming at presenting Palestinian people in a good way.